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Actions Determined as Requiring Approval, Actions Determined as Not Requiring Approval, Assessment Approach, Decision on Approval, Outcome of Request for Reconsideration of s75(1) Decision, Variation of Conditions of Approval

Actions Determined as Requiring Approval, Actions Determined as Not Requiring Approval, Assessment Approach, Decision on Approval, Outcome of Request for Reconsideration of s75(1) Decision, Variation of Conditions of Approval

Administered by Department of Agriculture, Fisheries and Forestry

Legislation au C2017G00339 In force Gazette

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DEPARTMENT OF THE ENVIRONMENT AND ENERGY

Environment Protection and Biodiversity Conservation Act 1999

For further information see the referrals list at http://epbcnotices.environment.gov.au/referralslist/

and type the reference number in the Filter by Referral Number box

actions determined as requiring approval (EPBC Act s.75)

Reference	Title	Controlling Provisions	Date
2016/7808	Common Ground Property (NSW) Pty Ltd and Ironlaw Pty. Limited & Wilona Pty Limited and Mary Ida Purnell/Residential Development/Lots 8-9 (DP16911 and Lot 2 (DP1032620/New South Wales/Residential development, Lots 8-9 and Lot 2 Bronzewing St and Byron Road, Tahmoor, NSW	Listed threatened species and communities (sections 18 & 18A)	24/01/2017
2016/7843	ROBE RIVER MINING CO PTY LTD/Mining/43km west of Pannowonica, Pilbara region/Western Australia/Extension of Mesa A/Warramboo Iron Ore Project, west of Pannawonica, WA	Listed threatened species and communities (sections 18 & 18A)	8/02/2017
2017/7867	PEMBROKE RESOURCES SOUTH PTY LTD/Mining/Off Fitzroy Developmental Road, Valkyrie, QLD, 4752/Queensland/Olive Downs Project Mine Site and Access Road	Listed threatened species and communities (sections 18 & 18A) Listed migratory species (sections 20 & 20A) A water resource, in relation to coal seam gas development and large coal mining development (sections 24D & 24E)	3/03/2017
2017/7868	PEMBROKE RESOURCES SOUTH PTY LTD/Mining/Peak Downs Mine Road, Moranbah, QLD, 4744/Queensland/Olive Downs Project Water Pipeline	Listed threatened species and communities (sections 18 & 18A)	3/03/2017
2017/7869	PEMBROKE RESOURCES SOUTH PTY LTD/Mining/Peak Downs Highway, Moranbah, QLD, 4752/Queensland/Olive Downs Project Electricity Transmission Line	Listed threatened species and communities (sections 18 & 18A)	3/03/2017
2017/7870	PEMBROKE RESOURCES SOUTH PTY LTD/Mining/Off the Norwich Park Branch Rail, Moranbah, QLD, 4752/Queensland/Olive Downs Project Rail Spur	Listed threatened species and communities (sections 18 & 18A)	3/03/2017
2017/7855	Illawarra Coal Holdings Pty Ltd/Mining/Southern Coalfield/New South Wales/Dendrobium Mine extension, Cordeaux Rd, Mount Kembla, NSW	Listed threatened species and communities (sections 18 & 18A) A water resource, in relation to coal seam gas development and large coal mining development (sections 24D & 24E)	6/03/2017
2017/7861	Atlas Iron Limited/Mining/241km south east of Port Hedland and 33km south of Marble Bar/Western Australia/Corunna Downs Iron Ore Mining Project, Pilbara Region, 33km south Marble Bar, WA	Listed threatened species and communities (sections 18 & 18A)	6/03/2017
2016/7845	Hastings Technology Metals Ltd/Mining/Approximately 270km east-northeast of Carnavon/Western Australia/Yangibana Rare Earths Project, WA	Nuclear actions (sections 21 & 22A)	14/03/2017
2017/7864	MAIN ROADS/Transport - Land/Brand Highway, Gingin, WA, 6503/Western Australia/Brand Highway Widening and Passing Lanes Project 34.83-164.3 SLK	Listed threatened species and communities (sections 18 & 18A)	16/03/2017
2017/7880	MAIN ROADS/Transport - Land/Coongan Gorge Realignment - (PIN 11833503 Lot 306), M030 Material Pit 356 SLK (PIN 1019796 Lot 108) /Western Australia/Marble Bar Road (M030) Coongan Gorge Realignment	Listed threatened species and communities (sections 18 & 18A)	16/03/2017
2017/7882	Australian Rail Track Corporation/Transport - Land/Gowrie to Helidon/Queensland/Inland Rail Gowrie to Helidon Project, Qld	Listed threatened species and communities (sections 18 & 18A)	17/03/2017
2017/7883	Australian Rail Track Corporation/Transport - Land/Helidon to Calvert/Queensland/Inland Rail Helidon to Calvert, Qld	Listed threatened species and communities (sections 18 & 18A)	17/03/2017

2017/7876	MIO COLLEGE PTY LTD/Agriculture and Forestry/17 on SP248092/Queensland/Mio College Vegetation Clearing for High Value Agriculture, Barratta Road, Clare QLD	World Heritage (sections 12 & 15A) National Heritage (sections 15B & 15C) Listed threatened species and communities (sections 18 & 18A) Great Barrier Reef Marine Park (sections 24B & 24C)	21/03/2017
2017/7887	ROMANO'S INVESTMENT HOLDINGS PTY LTD/Residential Development/Lot 54 on Plan 8390; Lot 9001 on DP 59406/Western Australia/Residential development, Bertram, WA	Listed threatened species and communities (sections 18 & 18A)	22/03/2017

actions determined as NOT requiring approval (EPBC Act s.75)

Reference	Title	Date
2016/7803*	Huawei Technologies (Australia) Pty Ltd/Telecommunications/part of Lot 9 on RP841551/Queensland/Installation of a telecommunications facility within the King Fisher Bay resort, Qld	27/02/2017
2016/7849	Lendlease Building Contractors Pty Ltd/Commercial Development/Adelaide CBD/South Australia/Adelaide Festival Plaza Precinct Upgrade, SA	28/02/2017
2017/7866*	BRIMBANK CITY COUNCIL/Tourism and Recreation/Lot 1, PS308363. Council Property Number 722504/Victoria/Proposed Sports Pavilion Development, Bon Thomas Reserve, 57A Quinn Street, Deer Park, Victoria	3/03/2017
2017/7857	Energy Resources of Australia Ltd/Mining/Arnhem Highway, Jabiru/Northern Territory/Processing of bulk sample high grade ore, Ranger Uranium Mine, NT	8/03/2017
2017/7873	PMR Quarries T/A WA Limestone/Mining/The project lies on M47/325, M47/488, L47/416, G47/1252./Western Australia/Roebourne Quarry	14/03/2017
2017/7885	Canadian Solar (Australia) Pty Limited/Energy Generation and Supply (renewable)/Lot 140 on POR5777/Queensland/Longreach Solar Farm, 50758 Landsborough Highway, Longreach	23/03/2017

* Actions which are not controlled actions provided they are undertaken in a particular manner. Further information on provision and manner specified is available from http://epbcnotices.environment.gov.au/referralslist/

Assessment Approach (EPBC Act s.87)

Reference	Title	Assessment Approach	Date
2016/7843	ROBE RIVER MINING CO PTY LTD/Mining/43km west of Pannowonica, Pilbara region/Western Australia/Extension of Mesa A/Warramboo Iron Ore Project, west of Pannawonica, WA	Accredited Assessment under the Western Australian Environment Protection Act 1986	9/03/2017
2016/7845	Hastings Technology Metals Ltd/Mining/Approximately 270km east-northeast of Carnavon/Western Australia/Yangibana Rare Earths Project, WA	Accredited Assessment under the Western Australian Environment Protection Act 1986	14/03/2017
2016/7808	Common Ground Property (NSW) Pty Ltd and Ironlaw Pty. Limited & Wilona Pty Limited and Mary Ida Purnell/Residential Development/Lots 8-9 (DP16911 and Lot 2 (DP1032620/New South Wales/Residential development, Lots 8-9 and Lot 2 Bronzewing St and Byron Road, Tahmoor, NSW	Preliminary Documentation	24/01/2017
2017/7875	Lendlease Communities (Springfield) Pty Ltd/Residential Development/Sinnathamby Boulevard, Springfield/Queensland/Woogaroo Heights master planned residential development, Springfield, Qld	Preliminary Documentation	17/03/2017
2017/7876	MIO COLLEGE PTY LTD/Agriculture and Forestry/17 on SP248092/Queensland/Mio College Vegetation Clearing for High Value Agriculture, Barratta Road, Clare QLD	Preliminary Documentation	21/03/2017
2017/7887	ROMANO'S INVESTMENT HOLDINGS PTY LTD/Residential Development/Lot 54 on Plan 8390; Lot 9001 on DP 59406/Western Australia/Residential development, Bertram, WA	Preliminary Documentation	22/03/2017

DECISION ON APPROVAL (EPBC Act s.133)

Reference	Title	Approval Decision	Date
2015/7569	Jemena Northern Gas Pipeline Pty Ltd/Energy Generation and Supply (non-renewable)/Mt Isa/Northern Territory/Jemena NEGI Pipeline, NT to QLD	Approved with conditions	9/03/2017
2015/7463	QGC PTY LTD/Energy Generation and Supply (non-renewable)/Surat Basin/Queensland/ATP1188 Anya development for 25 CSG wells, Dalby, Qld	Approved with conditions	17/03/2017
2011/6062	RESOLUTE MINING LIMITED/Mining/Ravenswood, 120km south of Townsville/Queensland/Sarsfield Expansion Project	Approved without conditions	23/03/2017

OUTCOME OF REQUEST FOR RECONSIDERATION OF S75(1) DECISION (EPBC Act s.78C)

Reference	Title	Reconsideration Decision	Date
2016/7660	Gohardsen Pty Ltd/Commercial Development/Ipswich City Local Govt Area at Francis Street, Tivoli, Qld/Queensland/Residential subdivision at Francis Street,Tivoli, Qld	Not a Controlled Action if undertaken in a particular manner	23/03/2017

variation of conditions of approval (EPBC Act s.143)

Reference	Title	Date
2006/3176	VICURBAN/Residential Development/Werribee/Victoria/Riverwalk Project Residential Development	10/11/2016
2007/3809	MIDWEST CORPORATION LIMITED/Mining/21km east of Morawa - 60km east of Koolanooka WA/Western Australia/Koolanooka/Blue Hills Iron Ore Mining Project	30/11/2016
2009/5003	NARRABRI COAL OPERATIONS PTY LTD/Mining/30km S-SE of Narrabri, Kamilaroi Highway, Narrabri, NSW/New South Wales/Conversion from Continous Miner Operation to Longwall Miner Operation	8/12/2016
2011/6063	Burnside North Pty Ltd/Residential Development/Approx 20km west north west of Melbourne/Victoria/Burnside Development	23/01/2017
2008/4096	Santos Ltd/Energy Generation and Supply (non-renewable)/Commences Roma, QLD finishes Curtis Islans, near Gladstone/Queensland/Gas Pipeline with Alternative Pipleine to Supply Natural Gas Liquefaction Park	15/02/2017
2010/5403	CABLE SANDS WA PTY LTD/Mining/8.5 km east of Busselton/Western Australia/Wonnerup Titanium Mineral Minning Project	23/02/2017
2011/5968	Xstrata Coal Queensland Pty Limited/Mining/140km west of Mackay in the Northern Bowen Basin/Queensland/Newlands Coal Extension Project	6/03/2017
2012/6418	LAND DEVELOPMENT AGENCY/Residential Development/Watson/Australian Capital Territory/Residential Development, Block 9 Section 64, Watson, and extension of Negus Crescent, ACT	6/03/2017
2013/6904	TALISON LITHIUM AUSTRALIA PTY LTD/Mining/between SW Highway & Maranup Ford Rd, south of Greenbushes/Western Australia/Clearing of vegetation to expand the waste rock dump at Greenbushes, WA	6/03/2017
2013/6955	HOUSING AUTHORITY/Commercial Development/Glen Iris/Western Australia/Urban development subdivision	8/03/2017
2010/5566	ASTON COAL 2 PTY LTD/Mining/Leard Forest Road, 18km NE of Boggabri, Gunnedah Coal Basin/New South Wales/Maules Creek Coal Project	16/03/2017
2011/6020	PINJAR PROPERTIES/Residential Development/Lots 4 and 5 Mornington Drive, Mariginiup/Western Australia/National Lifestyle Villages Development	20/03/2017

Some public notifications on the Internet and in the Gazette relating to the processing of referrals for approval under Chapter 4 of the Environment Protection and Biodiversity Conservation Act 1999 may occasionally be missed in processing by the Department of the Environment and Energy or may not meet timeframes for notification. The Department of the Environment and Energy has implemented systems and ongoing quality assurance procedures to minimise any risk of missing a notification within the required timeframe. Where a missed notification is identified the practice will be to notify these even though the timeframe for notification has lapsed. This will ensure that the history of notifications for each referral is available to the public. The Department of the Environment and Energy regrets any inconvenience that may be caused by a missed notification. Please note that late notifications have not affected subsequent processing of referrals or assessments and they do not affect decisions made.

Overview

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) was enacted to provide for the protection of the environment, particularly matters of national environmental significance, through a collaborative approach between the Commonwealth and the states and territories. The EPBC Act addresses the problem of environmental degradation and biodiversity loss caused by activities that have significant impacts on the environment, both within Australia and overseas. The enacting body for this legislation is the Parliament of Australia, with the primary policy objective being to protect and manage the environment through a comprehensive framework that includes the assessment and approval of actions that may significantly impact the environment. The Act provides a mechanism for the protection of the environment, including the identification, assessment, and management of activities that may have significant environmental impacts. The EPBC Act aims to protect and manage the environment by establishing a framework for the assessment and approval of actions that may significantly impact the environment. The Act identifies matters of national environmental significance, such as listed threatened species and communities, and provides for their protection through the approval process. The Act also establishes a system for the accreditation of state and territory environmental assessment processes, ensuring that they meet the requirements of the EPBC Act. The policy objective of the Act is to protect and manage the environment by providing a framework for the assessment and approval of actions that may have significant environmental impacts, promoting sustainable development and the conservation of biodiversity.

Scope and Application

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) applies to all individuals and entities undertaking activities that may impact matters of national environmental significance, which include World Heritage properties, National Heritage places, listed threatened species and ecological communities, listed migratory species, the Great Barrier Reef Marine Park, Commonwealth marine areas, the law of the sea, and water resources. The geographic reach of the Act is national, covering all territories and states within Australia. Certain actions are automatically classified as controlled actions under the Act and require approval, while other actions may be exempt or subject to accreditation under state or territory environmental laws. Subordinate instruments may further extend or restrict the application of the Act. The Act's application is overseen by the Department of the Environment and Energy, which maintains a public list of referrals and approvals and implements quality assurance procedures to minimize the risk of missed notifications.

Key Provisions

The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) governs the protection of the environment, particularly focusing on matters of national environmental significance. Section 75 of the Act determines which actions require approval, such as those that may significantly impact listed threatened species and communities (sections 18 & 18A), listed migratory species (sections 20 & 20A), water resources in relation to coal seam gas development and large coal mining development (sections 24D & 24E), World Heritage (sections 12 & 15A), National Heritage (sections 15B & 15C), and the Great Barrier Reef Marine Park (sections 24B & 24C). The Act also mandates that certain actions do not require approval if undertaken in a specific manner (EPBC Act s.75). Entities and parties governed by the EPBC Act must comply with the regulations to ensure they do not adversely affect the environment, particularly the aspects outlined in the controlling provisions. This includes providing detailed documentation, undergoing assessments, and adhering to any conditions imposed by the Minister, such as environmental management plans or specific operational guidelines. For example, mining projects must consider the impact on listed threatened species and communities, while residential developments must account for their effect on local flora and fauna. Violations of the EPBC Act can lead to significant consequences, both civil and criminal. Civil penalties include fines up to a substantial amount, depending on the severity and nature of the breach, while criminal offences may result in imprisonment. The maximum penalties can vary but often include fines up to hundreds of thousands of dollars and imprisonment for several years for serious offences, such as knowingly causing harm to listed threatened species or communities. Additionally, companies may face reputational damage, operational disruptions, and potential loss of licenses or permits necessary for their operations.

Area of Law: Environmental Law
Instrument: Gazette Notice
Concepts: Definitions & Interpretation; Listed threatened species and communities (sections 18 & 18A); Reporting & Disclosure Obligations; Prohibited Conduct; Compliance Obligations

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.

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